How many previous years’ Income Tax returns can be filed after due date? Let’s remove confusion
Arjuna (Fictional Character): Krishna, just a few days are left for the end of due date of filing returns for financial year 2018-19 i.e AY 2019-20 . Some lethargic tax payers are in hurry for filing their Income tax return for Financial Year 2018-19, but the due date of filing the return is July or September. How many previous years’ Income Tax returns can be filed?
Krishna (Fictional Character): Arjuna, for the Financial Year 2018-19 i.e AY 2019-20 the due date for filing for a salaried person or other taxpayers is 31st July 2019 and for any company and other taxpayers is 30th September 2019 and for transfer pricing applicable assesse it is 30th November. However, there are certain provisions under Income Tax Act, applicable for tax payers for filing their return after the due date. But please note that they come with restrictions.
Arjuna: Krishna, if the taxpayer has not filed the return before the due date then how should the tax payer file the return later?
Krishna: Arjuna, if the return is not filed as per section 139(1) of The Income Act then the tax payer can file the return till the end of that particular assessment year. For e.g. return for Financial Year 2018-19 can be filed till 31st March 2020. But please note that, the return filed after the due date i.e. 31st July or 30th September is considered as Belated Return of section 139(4).
Arjuna: Krishna, if the tax payer wants to file the return of preceding to previous years then what?
Krishna: Arjuna, as per income tax act return of the preceding years e.g. for F.Y. 2017-18 filed now, is generally called “time bared”. Further many tax payers manually submit the preceding 2 or 3 previous years return to complete their remaining responsibilities. However, whether to consider these returns or not is the discretion of the department. Income tax department may decide whether a penalty is to be imposed or not for such type of return. So tax payer should avoid filing a late return.
Arjuna: Krishna, what would happen if the tax payer has not filed the return?
Krishna: Arjuna, it is the responsibility of the tax payer to file the return. If the tax payer receives the notice of enquiry under section 142(1) or notice of Escaping income under section 148 then tax payer may file the return before the date as mentioned in notice or before completion of Assessment. This means the department gives one more chance but penalty can be levied by the department in such conditions.
Arjuna: Krishna, what can be the consequences if the tax payer has filed the return after due date i.e Belated return?
Krishna: Arjuna, for maintaining discipline and for planning, the department decides a certain due date for filing the return. If this is not followed then the tax payer has to bear the consequences. The following can be the consequences for filing belated return:-
1. If late return is filed then it cannot be revised
2. If loss is shown in the return then it cannot be carried forward
3. If a tax liability arose to the taxpayer then an interest will be imposed
4. If there is refund to the taxpayer then after the due date he will not get the amount of interest.
5. If a person fails to furnish return within due date, the assessing officer may levy a penalty u/s 271F as follows:
| Date of Filing | Fees Leviable |
| If the return is furnished after the due date of filing but on or before the 31st day of December. | Five thousand rupees |
| In any other case | Ten thousand rupees |
| Note: If the total income of the person does not exceed five lakh rupees, the fee payable under this section shall not exceed one thousand rupees. | |
Arjuna: Krishna, if tax payer has not filed return within due dates then should he file the return or what is the remedy?
Krishna: Arjuna, even though it is late the tax payer should file the return. All tax payers who have not filed the return for FY 2018-19 then they should file the return before 31st March 2020. For e.g. If taxpayer is having tax liability for preceding to FY 2018-19 year then the tax payer should pay tax and submit the Computation of Income, copy of challan along with the application to the department. It’s a voluntary compliance form the tax payer hence, lesser interest and penalty may be levied otherwise tax payer will have to face the consequences. If there is refund of previous years then taxpayer may make application to the commissioner for claiming refund.
Arjuna: Krishna, what should the tax payer learn from this?
Krishna: Arjuna, Tax payer should file the return before due date because due to computerization it is easy to find the defaulter. Further if there are entries in form 26AS of TDS and if the return is not filed then it can be problematic for the tax payer. Further if return is not filed within the due date then banks may not consider return for Loan purpose, etc. Please note that, while driving a vehicle on the route of laws, return should be filed before due date, as there is no U turn and in future Toll needs to be paid i.e. penalty would be imposed.
Replaced with Amendments
Author Bio
sir
i want to know the procedure for claiming last 6 years income tax refund if i have not filed IT returns for that years. Application to whom to be made, in what format, manual or electronic form, etc details. Please Guide…
Thanks and regards
Navin Kumar
Dear Sir,
1. i want to know that can return f.y 12-13 be revised after 31 mar 15 if i file return in mar-15, due to in return wrong account no. feed so pls give solution.
2. if i not have a pan no. bank deduct tds on FDR interest. after that i apply pan no. can after allot pan can deducted tds before mar-15 be refunded.
Hallo sir
I want to know the procedure for claiming last 6 years income tax refund if i have not filed IT returns for that years. Application to whom to be made, in what format, manual or electronic form, etc details. Please Guide…
Thanking you.
sir
i want to know the procedure for claiming last 6 years income tax refund if i have not filed IT returns for that years. Application to whom to be made, in what format, manual or electronic form, etc details. Please Guide…
Thank n regards
Ruhi
I am a government employee. every year tax was deducted by employer. My yearly savings is below 50000/-. I failed to submit itr on due date. Now on 25 june i filed return for assesment year 14-15 & 15-16 through online and for year 13-14 and 12-13, i downloaded the excel format form and took the print out after entering date. Now i forwarded all thr 4 itr along with a personal application to income tax department bangalore. Is there any possibility to get the refund of all years
Sir,
I am an employee in a private school and have not filed income tax since the past six years, so also the other staff in my school. The salary was not given to the employees here timely, sometime the salary was released after 4-5 months and the details of break-up of salary was not revealed to the employees by the employer. Now, we received notice from the income tax department to pay the tax for the preceding six years. Upon our approach to the employer to help us in this matter, the employer keeps silent. I request you to kindly help me to know (i) who should be approached for this (b) how to get a complete picture of the salary statement for the past six years (c) can it the tax be submitted manually (d) Can I as an individual file my income tax for the preceding six years alone without the assistance of my employer (e) who should certify my salary statement? (f) what kind of penalty is expected in this case (e) can the employer not be equally responsible for not deducting tax at source and depositing my tax online? Since many years have passed and we do not have the proper record of salary statement, it become a real difficulty in even assessing the total tax during this period. Please help me to overcome this situation.
Hi,
I have paid my tax for last year but some part was due from employer side need to be paid and accordingly I had to file my returns . I have paid my full tax this year and I m due to file the same. My questions :
1. Can I file my returns for this year without filing for last year?
2. There was some tax due for last year , let’s say around rs 15000, am I need to pay interest and even penalty?
Pls suggest?
Sir i want to file return of fy12-13 but due date is passed on 31st march 2015,,,coz fy-12-13 return shows my tds refundable around rs.8,215,i want to claim refund what should i do,,whether any written application to be given to commissioner will help me to sort out this problem or other procedure please give me suggestion asap,,,regards
Sir I want to pay previous 3 year return.can you tell me how to pay
sir
i am punjab govt employee. due to pran issue last 4 months salary(Dec to march,) of financial year 2014-15 havn,t come into my bank account and this will get credit in month may 2015 .so for me during financial yr 14-15 my total gross salary becomes less and for the coming year it ll become too much. what is should do now. last year salary should be counted in financial year 14-15 so i need not pay more taxes.
Sir i want to file return of fy12-13 but due date is passed on 31st march 2015,,,coz fy-12-13 return shows my tds refundable around rs.3000,,i want to claim refund what should i do,,whether any written application to be given to commissioner will help me to sort out this problem or other procedure please give me suggestion asap,,,regards
Hi sir
I want to know that can i make any change in the tax return which i have already lodge. For tax return of years 2009-2010, 2010-2011, 2011- 2012,2012-2013 and 2013-2014 please sir help if you can
Regards
Manjot Bajwa
Sir
due to some personal reasons i was not able to file returns after assessment year 2010-2011. that was my first and last return till now…but now i want to file all my pending returns. pls give me the best solution to solve this situation ASAP .wating for your early and positive response with complete details of solution
regards
sandeep
can i file return of financial year ended 31.03.13 today???
THANKS FOR THE INFORMATION SIR.
mr. Punamranga
Please refer my suggestion given to Mr. Raman , i merge ur querry in the same
Ravi jain
You may file f.y 13-14 return upto 31mar 2016 dead line date.
Yes he have to pay penalty and interest if there is some tax. Calulate on tax and time basis
Mr. Srinivas
Normaly u cannot file return for a.y 12-13 yourself
However if u have high amount of TDS, then you may go to A.O and ask him to issue notice u/s 148.
You may have to penalty us271 maximum rs. 5000 only.
Mr Raman
You can file your Return till 31 mar 2016, for f.y 13-14. Without any penalty [u may file 2 return at a time]
There is no need to file all previous return. And also you r not required to submit p&l and b/s , since salary class taxpayer do not need to prepar p&l ,b/s
sir,if a assessee has not filed tax return for the f.y-2009-10 and his 26as showing tds of Rs.15000 and his income is below the limit of exemption can he claim refund for the same ?
procedure for refund application.
Dear sir,
I was the salary person and i am filing the return from 1980 on ward but during the the year 2002 I was disturbed due to expired of my wife and i left the service and my salary income was closed and i have not filed the return for income tax from 2003-2004 again during the year 2013 I have joined the service in a jewellery show room and now my salary income again started and also some of amount about 4000 deducted as tds by the company so pls advice me can i file now the return as during the all the years i have no taxable income now my salary is going in the bank ancoount and tds is being deducted by employers pls advice how i can file the return…can i file only for current year’s return alongwith all the balance sheet and profit and loss account to the department.??
pls advice..
Sir in my factory A worker who want get loan for purchase a property (House). So he will need to show his last three years returns…. and actually he filed return for FY 12-13… but due to some reason he couldn’t file return for FY 13-14. So there is any penalty will be imposed on him. And he shows his income some up to than exemption limit. and what is the last date of filing return (Individuals) for FY 13-14.
Sir, I have submitted ITR 4 through online for AY 2013-14 & 2014-15 by claiming refund on Dt: 31.03.2015. Due to time bar I have not file return for AY 2012-13, Now Can I file return through online and can i claim refund?
Good Message.
Hi sir.
I am central Govt. Employee and tds/income tax has been deducted by my dept of FY 2013-14, but I did not file return of the same year. Can I file the return of FY2013-14 along with 2014-15 and should I have to pay any interest or penalty?
@venkat
Solution to ur querry:
Its upon your wish to file return incometax act not mandate to file return
Refund is not on ,what you invest, instead it was upon excess tax paid by you [by way of Tds/adv tax]. Therefor you can’t claim refund.
Extra advice:
Its better to file return [although not compulsary], so that your income record remain at good level [in case you want bank loan etc] [also u may have various interest income,etc].
So it is advisible to file return within exemption limit
@vinayak
You can file return for f.y 13-14 and 14-15 without any late fee/penalty/interest
But u cannot file return for f.y 12-13 [since last date to file belated return was 31.mar.2015]
Also take care if u looking for bank loan , make sure gap between 2 return is minimum 6 months.
For last 13-years I have been filing IT returns. Now this year FY-2014-15 I don’t have income(Zero income) as I have been out of job from 1st Apr 2014 to 31st Mar 2015. However I have done investments worth 1.15-lakhs u/s 80CCC, 80C, 80D during this FY 2014-15. I have 2-questions:
a) Should I file returns for FY-2014-15 ?
b) Would I get any refund if I file returns on the investments worth 1.15 lakhs ?
I am an employee in private limited company for last 3 years. For F.Y.2012-13, 2013-14 & 2014-15 my income is not taxable. I want filed return for these 3 years now. Will i have to pay any penalty or interest to government for late filling of return?
@ Mr. Sataish
Yes Mr X. can claim refund.
He need to file a return u/s 139[4] for A.Y 14-15 [i.e, for f.y 13-14]
If his Tax on Income after considering invest is lower than the TDS amount than Mr. X able to get refund
@ Mr. Sataish
Yes Mr X. can claim refund.
He need to file a return u/s 139[4] for A.Y 14-15 [i.e, for f.y 13-14]
If his Tax on Income after considering invest is lower than the TDS amount than Mr. X shall get refund
Mr x not file ROI For F.Y 2013-14.His TDS Rs 10000 for F.Y 2013-14.He is salaried employee. No other income for such F.Y . can He claim Refund for F.Y. 10000? He invest Rs 20000 & 25000 for PPF & Bank FD Respectively in F.Y 2013-14.
@Mr. Ashok Kumar B
If Your assement is not completed and you file ur orginal retur before due date 139[1] – then you may file revised return u/s 139[4]
If ur assessment is done in any case : you may file rectification application u/s 154 [by virtue of sec 154(2) ]
@Alex
Suggestion given to rajendra kumar is Mutatis mutandis appliable to you for AY 08-09
@Anitha: maximum rs. 5000 only penalty may be imposed. But if your income does not exceed the specified amount in relvent A.y then penalty will not attract [you have to check your A.Y and exemption limit for filing return for salary class ]
@Rajendra kumar: you cant file your return for Fy 2011-12 [i.e, AY 2012-13 ] Today,
However if u had large amount of TDS for that year, than you may ask for A.O[assesing officer] to issue 148 notice, and then u may file such return [you may liable to pay penalty of sec271 of rs.5000 only, thats why i said if u had large amount of tds]
I have filed ITR-1 since last 4 years without consideration Interest on House Loan. Now I got the details of Interest of House Loan. Can I file revise returns for last 4 years and get the refund of excess TDS deducted by employer.
Thanks and regards
Dear sir,
I have been filing my IT Returns regularly for past 9 years but missed filing for AY 2008-2009 as I was out of country.
Can I still file returns for that year, please suggest.
TDS has already been deducted and there is some refund amount for that particular year.
Please let me know how to process the returns.
Thanks,
Alex.
Very nice article on a popular and required subject matter of discussion. Thank you and Keep it up!
Dear Anita,
Income Tax Return need to be filed even if TDS of salaried employee is deducted.
Penalty for non filing or late filing may be imposed by the department.
Very Useful Inforamation.
Mr. Rajinder Kumar,
you can file your return for previous AY only if you get a notice from the department, which is also subject to penalty and late interest charges
Dear CA UMESH SHARMA
IT IS REALLY A GOOD INFORMATION THANKS SIR VERY KIND OF YOU.
Something lacks. What? Idont know
Illustrative, educative and informative
The following can be the consequences for filing late return:-
4…..
5.If there is refund to the tax payer then after the due date he will not get the amount of interest.
Is the 5th point really true? Is there any Section as per the Act which says interest on refund will not be paid for belated returns?
sir, will penalty be imposed in case of non-filing of returns by a salaried employee but tds has been deducted and same has been reflected in Form 26AS?
Dear Sir
Thanks a lots for valuable information
but i have one query last week i try to fill the ITR -1 in the Financial year 2011-12 but as per your article i fill the ITR but system not accepted the ITR please suggest and give best guidance
I will wait you valuable response
With Thanks & Best Regards
Rajender Kumar
+91-9988738346
My knowledge is enhanced. Thanks.
Thanks Sir for this information